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Arizona DUI Law

The Effect of Gastroesophageal Reflux Disease in a DUI

Gastroesophageal reflux disease, also know as GERD for short and closely related to and often confused with acid reflux, is a medical issue that can affect the results of a DUI breathalyzer test. Gases in the stomach can affect results of a breathalyzer test and traces of alcohol may remain present for a longer period of time despite blood alcohol content (BAC) have dissipated to beneath the national legal limit of 0.08 percent.

It is important that people suspected of DUI or charged in these cases understand how results of a breathalyzer can affect their case. Having an experienced Arizona DUI attorney for defense against DUI charges is particularly important.


About GERD, Gastroesophageal Reflux Disease

GERD affects many people throughout the United States. The syndrome causes vapor and gases from the stomach to rise back up into the esophagus. These acid vapors and gases then expel from the throat and through the mouth. Eating certain foods, drinking some liquids or simple breakdown of molecules ingested by the body can cause GERD to flare up. (more…)

Can I Refuse a Field Sobriety Test when Pulled Over for DUI?

Whenever a driver is stopped under suspicion of DUI, the law enforcement officer asks if the driver is willing to submit to a Standard Field Sobriety Test. There are reasons to refuse this test. In most cases, these tests are voluntary and an officer’s request does not require people to take them in most situations.

These tests can be difficult to pass for even non-intoxicated individuals. If the test is not successfully passed, law enforcement can use the failure as incriminating evidence in a case against you. It is always best to refuse to take the test and gain the help of a DUI Arizona defense attorney for any ramifications of the refusal or the roadside stop, itself.

Refusing to take a field sobriety test may be misconstrued as an admission of guilt. But a DUI defense attorney can explain the refusal away as part of a defense case for a DUI violation trial. By refusing a field sobriety test, you are not providing law enforcement with any new evidence of driving while under the influence, aside from an initial admission of guilt. By not taking the test, the potential of self-incrimination is reduced. (more…)

How Manslaughter or Murder Charges are Determined in a DUI Accident

Drinking and driving can result in a DUI accident. These tragic accidents can lead to fatalities that are devastating to everyone involved, especially the loved ones left behind. Death of a loved one in an accident is a huge loss to deal with, even for the driver of the vehicle that caused the accident.

The driver may feel guilty, ashamed and terrified of how the accident will affect his or her future. Criminal charges, such as DUI vehicular manslaughter / vehicular negligent homicide, are often filed in these cases. What type of charges will be filed is determined by the circumstances surrounding the fatality and other aspects of the accident. There are many factors involved that can affect these charges. (more…)

In Arizona, What Is “No Actual Physical Control”

No Actual Physical Control

A conviction of a DUI, driving under the influence of alcohol or drugs in the state of Arizona, is reliant on proof that you were actually driving the vehicle while intoxicated. Where things become a bit “gray” is under the term of “no actual physical control”. No actual physical control is a confusing concept to many drivers in the state.

The definition of actual physical control of a vehicle is determined under a variety of factors with the courts using “totality of the circumstances” to determine whether a driver had actual physical control of their vehicle while intoxicated. If actual physical control is deemed to have existed, then a DUI charge can be enforced.

When you are facing DUI charges, it is very important that you have an experienced lawyer on your side. David Michael Cantor is a Phoenix DUI attorney who has helped change the laws of the state of Arizona in regard to actual physical control. The case which resulted in changes for all state residents was State v. Love, heard in the Supreme Court of Arizona in 1995. If you are up against DUI charges and penalties, the Law Offices of David Michael Cantor can help you win your case. (more…)

What is the Admin Per Se, Implied Consent Form?

Arizona Admin Per Se for DUI

When a driver in Arizona is suspected of driving under the influence of alcohol or drugs (DUI), that driver is provided with an Administrative Per Se Implied Consent Affidavit. Also know as the “Admin Per Se Form”, this Affidavit is a combination of Arizona DUI laws pertaining to ARS 28-1321 and ARS 28-1385 of the Arizona Revised Statutes.

The Admin Per Se Implied Consent Affidavit is a restatement of laws applying to arrest and suspicion of DUI, particularly that the person must consent to a breath, blood or urine test at the officer’s discretion. Drivers are first exposed to these laws when they obtain their driver’s license. Without individual signed consent at the time of licensure, a driver is not permitted a license.

If you have been charged with a DUI, speak with a DUI defense attorney immediately.
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Just as the Miranda Rights are always required to be read as an indication of individual rights and procedure during arrest, the Admin Per Se Implied Consent Affidavit is read to the arrested party, suspected of DUI, to remind them that they have already – by nature of having an Arizona driver’s license – provided consent for chemical testing when suspected of a DUI. (more…)

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